When a solicitor instructs a barrister, which approach best aligns with ethical practice?

• A. Disclose conflicts only if the solicitor approves.
• B. Maintain independence; follow instructions consistent with ethical rules; communicate openly about conflicts and costs.
• C. Share confidential information with partner firms to gain advantage.
• D. Align fully with solicitor's desires, regardless of ethics.

Answer: (B)

The key idea is that a barrister must keep independence and act within ethical rules when instructed by a solicitor, while being open with the client about conflicts and costs. This combination protects the client’s interests and the integrity of the legal process. Maintaining independence means the barrister can advocate freely and without being directed to breach ethical duties, even if the solicitor’s wishes differ. Following instructions that align with ethical rules ensures that the work stays within professional boundaries and avoids actions that could compromise the client, the court, or the profession.

Open communication about conflicts and costs is essential so the client can make informed decisions and avoid hidden liabilities or surprises later. If a potential conflict arises, it should be disclosed promptly to the client and managed in line with ethical guidelines; likewise, matters about fees and costs should be discussed transparently.

Disclosing conflicts only with the solicitor’s approval undermines the client’s right to know and can hide issues from those whom the work ultimately affects. Sharing confidential information with other firms breaches confidentiality. Aligning fully with the solicitor’s desires regardless of ethics ignores the barrister’s duty to the client and the court.